Case Study Of Plaintiff V. Green Park Properties Ltd

This case can be simply as David want to sell his stationery store in April and Lisa, a representative of Company W want to buy this store, during their consultation, David did not convey to Lisa that he knew a new stationery store would be opening very soon. Later Lisa knew this information in a May edition’s magazine. Then David and Company W concluded the deal in July and Company W wants a rescission claiming the contract should be invalidated due to misrepresentation.

The legal issue here is whether the silence kept by David that a new stationery store would be opening soon constitutes misrepresentation. Also, we need to define whether Company W can claim a rescission from David and is there any affection for Lisa knew the fact before …show more content…
(Plaintiff) v Green Park Properties Ltd. (Defendant) (2002), the plaintiff is a buyer of a property and the defendant is the agent in this trade. When they inspecting the property, the defendant displayed a yard to the plaintiff but did not inform that the yard was not a part of the property, the yard is just a public area actually. The plaintiff buys this property afterward and he found out that the true that the yard was not included in the trade so he sued the defendant for a rescission. Finally, the judge held that there was a misrepresentation by the agent that the yard was part of the property to be sold to the purchaser. In this case, we can see that it is an example of silence as misrepresentation, the agent hid the fact that the yard is not a part of the property can be seen as a partial non-disclosure of facts since he did not notice all the facts to the plaintiff. Also, the agent is having the responsibility to disclose this fact but he fails to do so. Also, it fulfilled all four legal elements of misrepresentation, first, the act of the agent that he shows the yard to the plaintiff but not declared that the yard is not a part of the property is a statement of fact made by conduct which is false. Second, the agent made this action before the contract is made since he made it when they are inspecting the property. Third, the plaintiff is induced to make the contract. Fourth, the yard is included in the property or not is a material fact, it can affect …show more content…
David did not convey to Lisa that he knew there would be a stationery store opening very soon can be seen as an example of silence as misrepresentation since there is a partial non-disclosure fact. But the most important thing is this case cannot fulfill all four legal elements of misrepresentation. It fulfilled two legal elements only, they are a statement of fact by conduct which is false since David did not convey the true to Lisa, also for made by one contracting party to the other before the contract is made since the contract is made on July and this event is happened in April. But this case cannot fulfil the other two legal elements of misrepresentation and it can be proved by the difference between these two cases. First, there are no inducement in this case, Lisa knows the fact that a new stationery store would be opening soon in May, which is before the contract is made but she still made the contract with David in July, while the plaintiff of Dorku Ltd. v Green Park Properties Ltd. (2002) did not know the fact that the yard was not included in the property before the contract is made. Lisa knew the fact but she remains silent and did not take any action is an abundant evidence to prove David did not induce her into the contract, she decides to contract